NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

JOSHUA RODRIGUEZ, Petitioner,

v.

DEPARTMENT OF JUSTICE, Respondent. ____________________

2012-3040 ______________________

Petition for review of the Merit Systems Protection Board in case no. NY0752100081-I-1. ______________________

JUDGMENT ______________________

LAWRENCE BERGER, Mahon & Berger, of Glen Cove, New York, argued for petitioner.

MICHAEL P. GOODMAN, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were STUART F. DELERY, Acting Assistant Attorney General, JEANNE E. DAVIDSON, Director, and STEVEN GILLINGHAM, Assistant Director. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (RADER, Chief Judge, DYK and WALLACH, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

November 14, 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk